Writer who accused Trump of sexual abuse in the 1990s files new lawsuit

E.Jean Carroll.

Photo: Ilya S. Savenok/Getty Images for Glamor / Getty Images

Former Elle Columnist E.Jean Carroll filed a new lawsuit against the former president donald trump the Thanksgiving, the first day of the new New York Adult Survivors Law that allows adult victims of sexual abuse filing civil lawsuits that would otherwise be barred because too much time has passed, their lawyers said during a court hearing Tuesday, according to ABC News.

However, New York’s new law provides victims of sex crimes who missed the deadlines associated with the statute of limitations a second chance to file a lawsuit. A window for such claims will be open for one year, after which the usual deadlines will be reinstated.

Carroll announced that he had filed the lawsuit against the former president a few minutes after midnight, already on Thanksgiving Day.

Carroll is already suing Trump for defamation in federal court after he denied her claim that he raped her in a department store dressing room in the mid-1990s, saying she was “not my type.” The new lawsuit, which will also be filed in federal court, will include a new defamation charge and a battery charge.

Carroll’s lawyers asked the federal judge presiding over the original case to push back the trial date for the new lawsuit, but the judge refused.

“The second action is technically not before me today,” Judge Lewis Kaplan said.

An attorney for Trump, Alina Habba, told the judge she did not know if she would represent him in the new lawsuit.

In their new claims, Carroll maintains that Trump committed aggression “when he raped her and groped her by force” and who defamed her when she denied having raped her in his statements last month.

Trump said in his statement that Carroll “completely fabricated the story that I met her outside a crowded department store in New York City and, within minutes, ‘passed out’ on her. It’s a hoax and a lie, just like all the other hoaxes that have been played on me for the past seven years.”

Carroll’s new ability to sue Trump for rape could help her sidestep a potentially fatal legal flaw in her original defamation case.

If the courts ultimately hold that Trump’s original derogatory comments about Carroll’s rape allegation were part of his job duties as president, she would not be able to sue him over those comments, since federal employees are protected from defamation lawsuits.

That protection would not cover acts performed before becoming president.

Judge Lewis A. Kaplan, who is presiding over the defamation lawsuit Carroll filed three years ago, may decide to include the new allegations in a trial likely to take place in the spring.